Texas 2011 - 82nd Regular

Texas Senate Bill SB1643 Compare Versions

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1	1	By: Uresti S.B. No. 1643
2	2	(In the Senate - Filed March 11, 2011; March 23, 2011, read
3	3	first time and referred to Committee on Jurisprudence; May 5, 2011,
4	4	reported favorably by the following vote: Yeas 7, Nays 0;
5	5	May 5, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to mandatory dismissal deadlines and extended
11	11	jurisdiction in suits affecting the parent-child relationship to
12	12	which the Department of Family and Protective Services is a party.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subsection (b), Section 201.2041, Family Code,
15	15	is amended to read as follows:
16	16	(b) Regardless of whether a de novo hearing is requested
17	17	before the referring court, [a proposed order or judgment rendered
18	18	by an associate judge that meets the requirements of Section
19	19	263.401(d) is considered a final order] for purposes of Section
20	20	263.401, the suit is not required to be dismissed if the associate
21	21	judge commences the trial on the merits prior to the applicable
22	22	deadline for dismissal.
23	23	SECTION 2. Section 263.401, Family Code, is amended by
24	24	adding Subsection (b-1) and amending Subsection (c) to read as
25	25	follows:
26	26	(b-1) If, after commencement of the initial trial on the
27	27	merits in the time described by Subsection (a) or (b), the court
28	28	grants a motion for new trial or a mistrial, the court may retain
29	29	the suit on the court's docket. If the court retains the suit on the
30	30	court's docket, the court shall render an order in which the court:
31	31	(1) schedules a new date, not later than the 180th day
32	32	after the date the motion for new trial or mistrial is granted, on
33	33	which the suit will be dismissed if the new trial has not commenced;
34	34	(2) makes further temporary orders for the safety and
35	35	welfare of the child as necessary to avoid further delay in
36	36	resolving the suit; and
37	37	(3) sets the trial on the merits to commence on a date
38	38	not later than the date specified under Subdivision (1).
39	39	(c) If the court grants an extension under Subsection (b) or
40	40	a new trial or mistrial under Subsection (b-1) but does not commence
41	41	the trial on the merits before the required new date for dismissal
42	42	[under Subsection (b)], the court shall dismiss the suit. The court
43	43	may not grant an additional extension that extends the suit beyond
44	44	the required date for dismissal under Subsection (b) or (b-1).
45	45	SECTION 3. Section 263.403, Family Code, is amended by
46	46	adding Subsections (c-1) and (c-2) to read as follows:
47	47	(c-1) If, after commencement of the initial trial on the
48	48	merits in the times described by Subsection (b) or (c), the court
49	49	grants a motion for new trial or a mistrial, the court may retain
50	50	the suit on the court's docket. If the court retains the suit on the
51	51	court's docket, the court shall render an order in which the court:
52	52	(1) schedules a new date, not later than the 180th day
53	53	after the date the motion for new trial or mistrial is granted, on
54	54	which the suit will be dismissed if the new trial has not commenced;
55	55	(2) makes further temporary orders for the safety and
56	56	welfare of the child as necessary to avoid further delay in
57	57	resolving the suit; and
58	58	(3) sets the trial on the merits to commence on a date
59	59	not later than the date specified under Subdivision (1).
60	60	(c-2) If the court grants an extension under Subsection (b)
61	61	or (c) or a new trial or mistrial under Subsection (c-1) but does
62	62	not commence the trial on the merits before the required new date
63	63	for dismissal, the court shall dismiss the suit. The court may not
64	64	grant an additional extension that extends the suit beyond the
65	65	required date for dismissal under Subsection (b), (c), or (c-1).
66	66	SECTION 4. Section 263.601, Family Code, is amended to read
67	67	as follows:
68	68	Sec. 263.601. DEFINITIONS. In this subchapter:
69	69	(1) "Foster care" means a voluntary residential living
70	70	arrangement with a foster parent or other residential child-care
71	71	provider that is:
72	72	(A) licensed or approved by the department or
73	73	verified by a licensed child-placing agency; and
74	74	(B) paid under a contract with the department.
75	75	(2) "Guardianship services" means the services
76	76	provided by the Department of Aging and Disability Services under
77	77	Subchapter E, Chapter 161, Human Resources Code.
78	78	(3) "Institution" means a residential facility that is
79	79	operated, licensed, registered, certified, or verified by a state
80	80	agency other than the department. The term includes a residential
81	81	service provider under a Medicaid waiver program authorized under
82	82	Section 1915(c) of the federal Social Security Act that provides
83	83	services at a residence other than the young adult's own home.
84	84	(4) "Trial independence period" means a period of not
85	85	less than six months, or for such longer period as a court may order
86	86	not to exceed 12 months, during which a young adult exits foster
87	87	care with the option to resume foster care under the continuing
88	88	extended jurisdiction of the court.
89	89	(5) "Young adult" means a person between 18 and 21
90	90	years of age who:
91	91	(A) was in the conservatorship of the department
92	92	on the day before the person's 18th birthday; and
93	93	(B) after the person's 18th birthday, resides in
94	94	foster care or receives transitional living services from the
95	95	department.
96	96	SECTION 5. Section 263.602, Family Code, is amended to read
97	97	as follows:
98	98	Sec. 263.602. EXTENDED JURISDICTION AND TRIAL INDEPENDENCE
99	99	FOR YOUTH IN EXTENDED FOSTER CARE. (a) A court that had
100	100	continuing, exclusive jurisdiction over a young adult on the day
101	101	before the young adult's 18th birthday continues to have extended
102	102	jurisdiction over the young adult and shall retain the case on the
103	103	court's docket while the young adult remains in extended foster
104	104	care and during a trial independence period as described in this
105	105	section.
106	106	(b) A court with extended jurisdiction of a young adult who
107	107	remains in extended foster care shall conduct periodic extended
108	108	foster care review hearings every six months for the purpose of
109	109	reviewing and making findings regarding the following:
110	110	(1) whether the young adult's living arrangement is
111	111	safe and appropriate and whether the department has made reasonable
112	112	efforts to place the young adult in the least restrictive
113	113	environment necessary to meet the needs of the young adult;
114	114	(2) whether the department is making reasonable
115	115	efforts to finalize the permanency plan that is in effect for the
116	116	young adult, including a permanency plan for independent living;
117	117	(3) for a young adult whose permanency plan is
118	118	independent living, whether:
119	119	(A) the young adult participated in the
120	120	development of a plan of service;
121	121	(B) the young adult's plan of service reflects
122	122	the independent living skills and appropriate services needed to
123	123	achieve independence by the projected date; and
124	124	(C) the young adult is making reasonable progress
125	125	in developing the skills needed to achieve independence by the
126	126	projected date; and
127	127	(4) whether additional services that the department is
128	128	authorized to provide under statute or department rules or policy,
129	129	either directly or through a contracted service provider, or that
130	130	are available in the community, are needed to meet the needs of the
131	131	young adult.
132	132	(c) No less than 10 days prior to a scheduled hearing under
133	133	this section, the department shall provide the court with a copy of
134	134	the young adult's plan of service and a court report addressing the
135	135	issues the court is required to review under Subsection (b).
136	136	(d) Notice of an extended foster care review hearing shall
137	137	be given as provided by Rule 21a, Texas Rules of Civil Procedure, to
138	138	the following persons, each of whom has a right to present evidence
139	139	and be heard at the hearing:
140	140	(1) the young adult who is the subject of the suit;
141	141	(2) the department;
142	142	(3) the foster parent with whom the young adult is
143	143	placed and the licensed administrator of a child placing agency
144	144	responsible for placing the young adult, if applicable;
145	145	(4) the director of the residential child-care
146	146	facility or other approved provider with whom the young adult is
147	147	placed, if applicable;
148	148	(5) each parent of the young adult whose parental
149	149	rights have not been terminated and who still is actively involved
150	150	in the life of the young adult;
151	151	(6) a legal guardian of the young adult, if
152	152	applicable; and
153	153	(7) the young adult's attorney ad litem, guardian ad
154	154	litem, and volunteer advocate, the appointment of whom has not been
155	155	previously dismissed by the court.
156	156	(e) If, after reviewing the young adult's plan of service
157	157	and court report provided under Subsection (c), and any additional
158	158	testimony and evidence presented at the review hearing, the court
159	159	determines that the young adult is entitled to additional services
160	160	under the department's rules or policies, or under a contract with a
161	161	service provider, the court may order the department to take
162	162	appropriate action to ensure that the young adult receives the
163	163	additional services to which the young adult is entitled.
164	164	(f) A court with extended jurisdiction over a young adult as
165	165	described in Subsection (a) shall continue to have jurisdiction
166	166	over the young adult and shall retain the case on the court's docket
167	167	until the earlier of:
168	168	(1) six months from the month in which the young adult
169	169	leaves foster care, or up to 12 months from the month in which the
170	170	young adult leaves foster care if so specified in a court order, for
171	171	the purpose of allowing the young adult to pursue a trial
172	172	independence period; or
173	173	(2) the young adult's 21st birthday.
174	174	(g) A court with extended jurisdiction as described in this
175	175	section is not required to conduct periodic hearings for a young
176	176	adult during a trial independence period and may not compel a young
177	177	adult who has exited foster care to attend a court hearing [may, at
178	178	the young adult's request, render an order that extends the court's
179	179	jurisdiction over the young adult as provided by this subchapter.
180	180	[(b) The extended jurisdiction of the court terminates on
181	181	the earlier of:
182	182	[(1) the young adult's 21st birthday; or
183	183	[(2) the date the young adult withdraws consent to the
184	184	extension of the court's jurisdiction in writing or in court].
185	185	SECTION 6. Subchapter G, Chapter 263, Family Code, is
186	186	amended by adding Section 263.6021 to read as follows:
187	187	Sec. 263.6021. VOLUNTARY EXTENDED JURISDICTION FOR YOUNG
188	188	ADULT RECEIVING TRANSITIONAL LIVING SERVICES.
189	189	(a) Notwithstanding Section 263.602, a court that had
190	190	jurisdiction over a young adult on the day before the young adult's
191	191	18th birthday may, at the young adult's request, render an order
192	192	that extends the court's jurisdiction beyond the end of a trial
193	193	independence period if the young adult is receiving transitional
194	194	living services from the department.
195	195	(b) The extended jurisdiction of the court under this
196	196	section terminates on the earlier of:
197	197	(1) the young adult's 21st birthday; or
198	198	(2) the date the young adult withdraws consent to the
199	199	extension of the court's jurisdiction in writing or in court.
200	200	(c) At the request of a young adult who is receiving
201	201	transitional living services from the department and who consents
202	202	to voluntary extension of the court's jurisdiction under this
203	203	section, the court may hold a hearing to review the services the
204	204	young adult is receiving.
205	205	(d) Before a review hearing scheduled under this section,
206	206	the department must provide the court with a court report
207	207	summarizing the young adult's transitional living services plan,
208	208	services being provided to the young adult under that plan, and the
209	209	young adult's progress in achieving independence.
210	210	(e) If, after reviewing the court report and any additional
211	211	testimony and evidence presented at the hearing, the court
212	212	determines that the young adult is entitled to additional services
213	213	under the department's rules or policies, or under a contract with a
214	214	service provider, the court may order the department to take
215	215	appropriate action to ensure that the young adult receives the
216	216	additional services to which the young adult is entitled.
217	217	SECTION 7. Subsections (a) and (c), Section 263.603, Family
218	218	Code, are amended to read as follows:
219	219	(a) Notwithstanding Section 263.6021 [263.602], if the
220	220	court believes that a young adult may be incapacitated as defined by
221	221	Section 601(14)(B), Texas Probate Code, the court may extend its
222	222	jurisdiction on its own motion without the young adult's consent to
223	223	allow the department to refer the young adult to the Department of
224	224	Aging and Disability Services for guardianship services as required
225	225	by Section 48.209, Human Resources Code.
226	226	(c) If the Department of Aging and Disability Services
227	227	determines a guardianship is not appropriate, or the court with
228	228	probate jurisdiction denies the application to appoint a guardian,
229	229	the court under Subsection (a) may continue to extend its
230	230	jurisdiction over the young adult only as provided by Section
231	231	263.602 or 263.6021.
232	232	SECTION 8. Section 263.609, Family Code, is repealed.
233	233	SECTION 9. The changes in law made by this Act to Sections
234	234	263.401 and 263.403, Family Code, apply to a suit affecting the
235	235	parent-child relationship regardless of when filed.
236	236	SECTION 10. This Act takes effect immediately if it
237	237	receives a vote of two-thirds of all the members elected to each
238	238	house, as provided by Section 39, Article III, Texas Constitution.
239	239	If this Act does not receive the vote necessary for immediate
240	240	effect, this Act takes effect September 1, 2011.
241	241	* * * * *